1 2025:CGHC:34380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 818 of 2019 Smt. Shilpa Miri W/o Shri Bhedprasad Miri Aged About 24 Years D/o Shri Gajendra Kumar Ratre, R/o Village Janji, Police Station Seepat, Tahsil Masturi, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant. versus 1 - State Of Chhattisgarh Through S.H.O., Police Station Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Shri Bhed Prasad Miri S/o Shri Chandaram Miri Aged About 28 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Shri Chandaram Miri S/o Late Phaniram Miri Aged About 45 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4 - Amrika Bai W/o Shri Chandaram Miri Aged About 43 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 5 - Bhagwat Prasad Miri S/o Shri Chandaram Miri Aged About 28 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6 - Surja Miri W/o Bhagwat Prasad Miri Aged About 20 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 7 - Bhedwati D/o Chandaram Miri Aged About 20 Years R/o Village Dongakoharoud, Police Station Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ... Respondent(s) Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.07.21 16:54:45 +0530 2 For Appellant : None. For Res No.1/State Mr. S. K. Puriya, Panel Lawyer. For Respondents : Ms. Vaishali Jaiswani, Adv on behalf of Mr. Sumit Singh, Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 21.07.2025 1. None for the appellant even when the case is called in the second round. 2. The appellant has filed this acquittal appeal under Section 372 CrPC against the judgment of acquittal dated 15.03.2018 passed by the Judicial Magistrate First Class, Pamgarh, Janjgir-Champa in Criminal Case No.562/2014, whereby, the respondent/accused has been acquitted of the charge under Section 498-A/34 of the IPC. 3. At the outset, learned counsel for the respondents would submit that the appellant/complainant has directly filed this appeal before the High Court against the judgment of acquittal, whereby, the respondents have been acquitted of the charge under Section 498-A/34 of the IPC. They would also submit that the appellant/complainant who is wife of respondent No.2 comes in the category of victim. Therefore, as per amended proviso to Section 372 CrPC which was inserted by Act 5 of 2009, Section 29 (w.e.f. 31-12-2009), the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. In such circumstances, the appeal is not maintainable 4. Having regard to the aforesaid submission and also considering the proviso to Section 372 CrPC, this Court is of the view that in the present form the acquittal appeal is not maintainable. 3 5. Accordingly, this acquittal appeal is disposed of. However, the liberty is reserved in favour of the appellant to avail appropriate remedy available to her in accordance with law, if so advised. 6. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy, if required. 7. Registry shall send back the record to the concerned Court. Sd/- (Deepak Kumar Tiwari) Judge Ajay